H-1B $100K fee: Who Must Pay and Who Is Exempt?

U.S. employers must now pay a $100,000 fee to file new H-1B petitions for workers from abroad, following an official proclamation in September from President Donald Trump. However, not all H-1B filings are subject to the new fee, including those for renewals, transfers, and for workers already in the U.S.

Who must pay the H-1B $100K fee?

The $100,000 H-1B fee primarily applies to new overseas H-1B hires. It does not affect routine extensions, in-country status adjustments, or transfers for existing H-1B workers.

Payment is generally required for the following groups:

• New hires outside the U.S.: Employers must pay the fee for any worker who is currently abroad and does not already have a valid H-1B visa.
• Consular processing cases: The fee applies to petitions requiring consular processing, where the worker must visit a U.S. embassy or consulate abroad to get their visa stamp.
• Failed status changes: If a worker is in the United States but U.S. Citizenship and Immigration Services (USCIS) denies their change of status request, the fee must be paid if they have to leave the country and apply for a visa at a consulate.
• Workers who leave early: If a worker files an H-1B extension or amendment and leaves the U.S. before it’s approved, the case may also require consular processing, triggering the fee if the worker intends to return.
• Future H-1B lottery winners: New winners for the 2026 H-1B lottery will require this payment if the worker is being hired from overseas.

Who is exempt from paying the $100K fee?

Generally, your employer is exempt from the $100,000 fee if you fall into one of these categories:

• Current H-1B holders: If you already have a valid H-1B visa, the fee isn’t required for you to keep working or to travel.
• Changing status in the U.S.: Anyone changing status to an H-1B visa, like an F-1 student visa, should be exempt if they file in the U.S. and they don’t travel while the petition is pending. However, if USCIS issues the approval via consular processing, the fee will likely apply. 
• In-country extensions and transfers: The fee doesn’t apply to routine H-1B extensions or petitions to change employers, as long as you stay in the U.S.
• Petitions filed before the proclamation took effect: Any petition submitted before Sept. 21, 2025, is not subject to the fee.
• Petitions filed one year after the proclamation took effect: Unless the rule is extended, the $100,000 fee requirement is set to expire 12 months from Sept. 21, 2025.
• Approved travel: If USCIS approves your H-1B petition while you’re in the U.S., you won’t owe the fee even if you travel abroad.

How the $100k fee affects H-1B travel

H-1B holders with a valid visa stamp and approval notice can exit the U.S. without activating the $100,000 fee requirement. However, the fee may get triggered if you leave without a petition approval.

When you depart with a pending H-1B case, USCIS may find you ineligible for domestic processing. If this occurs, an immigration officer can convert your case into one that requires the $100K payment. 

Whether you filed for a change of status, employer amendment, or extension does not matter. Without an approval, international travel puts a pending domestic H-1B case at risk of the $100,000 fee.

Manifest’s guidance: Coordinate any departure plans with your legal or HR team before booking. Do not assume you are in the clear simply because you have a valid visa.

Rare exemptions and waivers for the H-1B $100K fee

There’s also an exemption for workers if their employers can prove their presence in the United States is in the national interest. 

The H-1B fee waiver’s qualifications are not well-defined and USCIS says granting it will be “extraordinarily rare.” It requires an employer to prove: 

1. No American worker is available, 
2. The worker poses no threat to national security, and 
3. The $100,000 fee would significantly undermine the national interest. 

There’s no formal petition for this waiver. Employers can make their case by emailing the Department of Homeland Security.

Who may qualify for the national interest exceptions

Manifest’s principal immigration attorney Nicole Gunara says many companies have a path to request a fee exception. “For instance, U.S. employers in artificial intelligence or who have active government contracts with agencies like the Department of War could make a solid argument that they fall under national interest,” she says.

If you believe you or a fellow employee fall within these guidelines, contact Manifest Law first.  Our immigration attorneys can help evaluate eligibility and prepare supporting materials before you reach out to DHS.

Stay up to date with H-1B $100K fee changes

The immigration landscape is changing quickly. This new fee creates a barrier for hiring talent from overseas. Professionals may want to explore other options, like the O-1 visa, that don’t require a $100,000 fee and may offer more flexibility. An experienced attorney can interpret the ever-changing regulations and help evaluate your profile to see which visa you should pursue.

👉 Ready to explore your options with an attorney? Request a consultation with Manifest Law and get the clarity you need to move forward.

Frequently asked questions

Who is responsible for paying the H-1B $100K fee?

The petitioning employer is responsible for paying the $100,000 fee. It must submit proof that the payment was made through the pay.gov portal when it files the H-1B petition.

Does the H-1B worker ever pay the $100,000 fee?

No. Immigration rules prevent employers from passing this expense on to the employee.

Does the $100,000 fee apply to H-1B extensions?

The fee generally doesn’t apply to extensions for workers already in the U.S. in valid H-1B status. But if the new H-1B gets approved but the extension part is denied, the worker could be forced to leave the country to get a new visa, and the fee may be triggered.

Does the $100,000 fee apply to cap-exempt H-1B petitions?

Yes. Cap-exempt employers, such as universities and research nonprofits, are still subject to the fee if they hire new H-1B workers from abroad.

Does the $100K fee apply if I travel while my petition is pending?

Yes. If you travel outside the U.S. while your H-1B change of status, amendment, or extension remains pending, USCIS may find you ineligible for domestic processing. This can convert your case to one that requires the $100K payment.

Can the $100K fee be waived?

Yes, but in extraordinarily rare cases. While there’s no formal petition process, employers in sections that align with U.S. national interests (such as AI, defense technology, or federally funded research) may qualify for an exemption. 

We recommend consulting with an immigration attorney before reaching out to evaluate whether your situation qualifies.